Title
Franchise for Gold Label Broadcasting
Law
Republic Act No. 8087
Decision Date
Jul 6, 1995
Republic Act No. 8087 grants Gold Label Broadcasting System, Inc. the franchise to establish and operate radio and television broadcasting stations in Dumaguete City and other areas in the Visayas and Mindanao, with responsibilities to provide public service time, maintain ethical programming, and adhere to government regulations.

Operational Guidelines for Stations

  • Stations/facilities must be constructed and operated to minimize interference with other stations.
  • The grantee maintains the right to use selected wavelengths/frequencies without diminishing transmission quality.

National Telecommunications Commission (NTC) Authority

  • Grantee must secure permits and licenses from the NTC before operation.
  • Use of frequencies requires NTC authorization.
  • NTC shall not unreasonably withhold or delay permissions.

Public Service Obligations

  • Provide public service time for government information dissemination on important issues.
  • Ensure sound and balanced programming.
  • Assist in public information and education.
  • Adhere to ethics of honest enterprise.
  • Prohibit broadcasting of obscene, indecent, false, or misleading information.
  • Prevent content that incites subversion or treason.

Government’s Special Rights

  • The President may temporarily take over or suspend operation of stations during rebellion, calamity, emergency, or public disturbances.
  • Temporary use by government agencies is allowed with due compensation.

Franchise Term and Revocation

  • Franchise valid for 25 years from approval.
  • Continuous non-operation for two years results in automatic revocation.

Acceptance of Franchise

  • Franchise becomes effective only upon written acceptance by the grantee.
  • Nonacceptance voids the franchise.

Taxation

  • Grantee liable for real estate, buildings, and personal property taxes.
  • Must pay 3% franchise tax on gross receipts from broadcast operations.
  • Continues to pay income tax as prescribed by law.
  • Must file tax returns and comply with audits by Bureau of Internal Revenue.

Self-Regulation and Content Control

  • No prior censorship required on broadcast content.
  • Must cut off any program inciting treason, rebellion, sedition, or containing indecent/immoral content.
  • Failure to do so is grounds for franchise cancellation.

Indemnification of Government

  • Grantee holds government free from claims arising from accidents or injuries linked to station operation or construction.

Restrictions on Transfer and Assignment

  • Franchise cannot be leased, transferred, sold, or assigned without prior Congressional approval.
  • Same conditions apply to any assignee or transferee.

Compliance with Future Broadcast Laws

  • Grantee must comply with any general broadcast policy law enacted by Congress.

Separability Clause

  • Invalidity of any provision does not affect the validity of the rest of the Act.

Repealing Clause

  • Congress may amend or repeal the franchise when public interest requires.
  • The franchise is not exclusive, and privileges are subject to alteration.

Effectivity

  • Act took effect upon approval and lapsed into law on July 6, 1995 without the President’s signature in accordance with the Constitution.

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